Arizona Revised Statutes

Ariz. Rev. Stat. § 43-301 (2026)

Individual returns; definition

✓ current as of May 2026

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A. A full-year or part-year resident individual shall file a return with the department if, for the taxable year, the individual's gross income was greater than the amount of the standard deduction allowed under subsection 43-1041, subsection A as adjusted for inflation pursuant to section 43-1041, subsection H.

B. A nonresident individual shall file a return with the department if, for the taxable year, the individual's gross income was greater than the amount under subsection A of this section determined for a full-year or part-year resident individual multiplied by the percentage that the individual's Arizona gross income is of the individual's federal adjusted gross income.

C. In the case of a husband and wife, the spouse who controls the disposition of or who receives or spends community income as well as the spouse who is taxable on such income is liable for the payment of taxes imposed by this title on such income. If a joint return is filed, the liability for the tax on the aggregate income is joint and several.

D. This section applies regardless of whether an individual is required to file a return under the internal revenue code or whether the individual has any federal adjusted gross income for the taxable year.

E. For the purposes of this section, "gross income" means gross income as defined in the internal revenue code minus income included in gross income but excluded from taxation under this title.

Notes of Decisions

Cited in 5 cases, 1955–1994 · leading case: Vo v. Superior Court, 836 P.2d 408 (Ariz. Ct. App. 1992).

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Vo v. Superior Court, 836 P.2d 408 (Ariz. Ct. App. 1992). “An examination of noncriminal areas of Arizona statutory law in which the legislature has protected unborn children also indicates that the legislature did not intend a fetus to constitute a “person” for all purposes. For example, a certificate must be filed for a fetal death, A.”

State v. Boozer, 291 P.2d 786 (Ariz. 1955). “Boozer (defendant-appellant) from a judgment of conviction of the crime of abortion, being in violation of Section 43-301, A.C.A.1939. The defendant, a medical practitioner in the town of Superior, was charged by the county attorney of Pinal County with having unlawfully…”

State v. New Times, Inc., 511 P.2d 196 (Ariz. Ct. App. 1973). “3, §§ 43-301 to 43-302, 3 Ariz.Code Ann. 1939.”

Bonn & Jensen Chartered v. Arizona Dep't of Revenue, 866 P.2d 152 (Ariz. T.C. 1993). · cites it 2× “There is also a duty to report property which has previously escaped taxation if a taxpayer wishes to avoid paying escaped taxes and penalties. AR.S. § 42-236(E). The language of subsection E is clear and unambiguous.”

Aleasco, Inc. v. Maricopa Cnty., 867 P.2d 861 (Ariz. T.C. 1994). · cites it 2× “Then, as previously noted, the Assessor has the power to audit any lists to ascertain whether property was correctly reported and that no property escaped taxation.”

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